Breakage of Implant: Apollo Hospital directed to pay amount of second surgery

After undergoing the examination, she underwent Right Brachial Artery repair with vein graft and Open Reduction and Internal Fixation with plate Osteo Synthesis Right Supra Condylar Distal humerus and fasciotomy on the same date on an emergency basis. She was discharged on 11th November. Further the patient was reviewed on 19th and it was observed that the wound had better healing.

On 9the May 2006, Kavitha approached the hospital with complaints of swelling and pain in the right elbow. Later, x-ray revealed that there is breakage of implant and the patient had to undergo Reosteo synthesis and grafting.

The hospital in its defence, stated that there was no negligence. The reason for the 2nd operation was only due to the breakage of implant which may caused due to a fall or overstrained against the medical advised of rest. The hospital further added that the implant used during the surgery was a standard one and recommended by an international reputed company (synthes) which has US-FDA approval. Further the opposite parties state that the complainant did not examined any expert to prove the negligence of Dr. Madhan Mohan Reddy. Mere filing proof affidavit is not sufficient to prove the negligence. Much less medical negligence. Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

To this, the court observed that,

” After taking x-ray the hospital initially stated that the implant was broken resulting the failure of 1st operation; requires another one operation; for that the patient has to pay another medical expenses equal to the sum. Further the contention of the patient is that since there is no proper healing of the wound and the fracture of the implant is proves the deficiency in service of the opposite party. The opposite party has not pleaded and proved the reason for breakage of implant leading another surgery.”

The reason for 2nd operation was also observed, to which court added,

”The reason for the 2nd operation (given) was only due to the breakage of implant which may have been caused only due to a fall or over-strained against the medical advice of rest. But on a careful perusal of the records it is seen that there is no fracture or dislocation of the joint except the breakage of implant.”

Holding it as negligence, the court directed the hospital to pay the second operation amount ie. Rs 1,16,234, plus interest since 2007 along with an additional Rs 25,000 for mental agony suffered by the patient and an extra Rs 5,000 towards cost.